Judge fines Uisce Éireann €1,000 following Dunkineely stream discharge

Uisce Éireann were fined €1,000 plus costs of €2,594.41 at Donegal District Court, following a “significant” discharge in a south Donegal stream. 

Judge Éiteáin Cunningham gave Uisce Éireann four months to pay the fine and costs at Ballyshannon courthouse.

The charge that Uisce Éireann faced was based on an incident at a stream in Killaghtee, Dunkineely, on March 19, that they did a) throw deleterious matter or b) emptied deleterious matter or c) permit deleterious matter to fall or d) cause deleterious to fall, contrary to the form of Section 171(1) of the Fisheries (Consolidation) Act 1959 as amended.

In giving evidence, the Fisheries Environmental Officer of Inland Fisheries, Eoghan Cross, said: “It was clear that the stream was heavily polluted. It was a historical issue and had been ongoing for the past number of weeks or months.

“I was engaged with the cooperation with Uisce Éireann, although there are still concerns with the ongoing management of this emergency overflow. Overflows require heavy monitoring and are prone to human error. 

“My concern is that perhaps, in the past, there was not regular monitoring.

“I stress that there is cooperation from Uisce Éireann and continues to be.”

Uisce Éireann’s solicitor, Alan Ledwith, then cross-examined Cross. He said: “They came immediately to address the issue immediately. I understand regular checking has occurred subsequently.”

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Cross replied: “Subsequent surveys of the area show that the stream is recovering.” 

Ledwith continued: “I think the plant is desludged after two months. You are aware of that?

“There was an investigation by Uisce Éireann, and there was a third party identified with this.”

“The news of another investigation is welcome,” responded Cross.

Ledwith then said: “Uisce Éireann's engagement with the customer will give a lot of comfort. There is a caretaker who attends frequently. 

“Uisce Éireann is going through a structural change. In future, there is going to be more focus on wastewater treatment. 

“There was no subsequent or previous incident. It is fair to say that there was cooperation, and they engaged fully.

“On current inspection of the stream, it is entirely clean.”

Cross answered: “Yes, it is recovering well. It is hard to know what impact these incidents had on the stream, but it is recovering well.”

The court then heard that the costs of the case totalled to €2,594.41.

Speaking to Judge Cunningham, Ledwith said: “No fish were killed. There were no previous convictions. To be fair to Uisce Éireann, they didn’t seek to test any evidence.

I am satisfied that from Mr Cross’s evidence, that the stream is clean. There is a transitional element of Uisce Éireann that will give the court comfort. I ask the court to be as lenient as possible.”

Judge Cunningham commented: “I do accept that they acted once they became aware of the matter, noting that they had jetting in place the following morning.

“It is a serious charge before the court, and the discharge is significant. I would hope that this is a lesson for Uisce Éireann in terms of monitoring.”